Opinion
Bankruptcy No. 08-22224JAD, Adversary No. 09-02127JAD, Doc. No. 59.
December 15, 2009
SECOND ERRATA ORDER
AND NOW, this 15th day of December , 2009 , an Errata Order dated December 10, 2009 having been entered at Doc. #60, the Court issues this Second Errata Order regarding only the Memorandum Opinion issued in the above caption adversary dated December 10, 2009 and docketed at Doc. #59 and hereby ORDERS that the Memorandum Opinion be amended as follows:
1. Page 4, 2nd full paragraph, line 2 stating:
the Debtor had demonstrated a consistent pattern of either dishonesty and
Be corrected to:
the Debtor had demonstrated a consistent pattern of either dishonesty and/or
2. Page 4, 3rd full paragraph, line 3 stating:
bankruptcy case; the Debtor causing his business entities to sell of vehicles "out
Be corrected to:
bankruptcy case; the Debtor causing his business entities to sell vehicles "out
3. Page 5, 2nd full paragraph, line 5, stating:
Case No. 08-22228JAD). The claim is signed by Ms. Howard, and avers that it
Be corrected to:
Case No. 08-22224JAD). The claim is signed by Ms. Howard, and avers that it
4. Page 5, 3rd full paragraph, line 7, stating:
Howard and his prior wife, Peggy J. Howard acquired the Mineral Rights in 1984
Be corrected to:
Howard and his prior wife, Peggy J. Howard, acquired the Mineral Rights in 1984
5. Page 6, last paragraph, line 2 stating:
Victoria Marie Howard's interest in real estate holdings," were to be conveyed to
Be corrected to:
Victoria Marie Howard's interest in real estate holdings" were to be conveyed to
6. Page 8, 2nd full paragraph, line 3 stating:
in Whitley Township, Greene County, Pennsylvania . . ." from the Debtor to the
Be corrected to:
in Whitley Township, Greene County, Pennsylvania . . ." to the Defendant.
7. Page 9, 1st full paragraph, line 2 stating:
Complaint as well as a Motion for Summary Judgment. (See Dkt. #s 10, 22, 26).
Be corrected to:
Complaint as well as a Motion for Summary Judgment. (See Dkt. #s 10, 24, 26).
8. Page 10, 2nd full paragraph, line 3 stating:
proceeding pursuant to 28 U.S.C. § 1334(b).
Be corrected to:
Proceeding pursuant to 28 U.S.C. § 1334(b).
9. Page 11, 1st full paragraph, line 10 stating:
of fact." Id. (citing Kress, Dunlap Lane, Ltd. v. Downing, 286 F.2d 212, 215 (3d
Be corrected to:
of fact." Id. (citing Kress, Dunlap Lane, Ltd. v. Downing, 286 F.2d 212, 214 (3d
10. Page 12, 1st full paragraph, line 13 stating:
549); and (d) directs that the Defendant turnover to the Chapter 7 Trustee all
Be corrected to:
549); (d) directs that the Defendant turnover to the Chapter 7 Trustee all
11. Page 13, 2nd full paragraph, line 3 stating:
Midatlantic Nat'l Bank v. Bridge (In re Bridge), 18 F.3d 195, 199-200 (3d Cir.
Be corrected to:
Midlantic Nat'l Bank v. Bridge (In re Bridge), 18 F.3d 195, 199-200 (3d Cir.
12. Page 13, 3rd full paragraph, line 4 stating:
filing." Id. at 200 (citing McCannon v. Marston, 679 F.2d 13, 16-17 (3d Cir. 1982);
Be corrected to:
filing." Id. at 200 (citing McCannon v. Marston, 679 F.2d 13, 14 (3d Cir. 1982);
13. Page 14, line 1 stating:
Rights at issue in this instance are located in Greene County, Pennsylvania.
Be corrected to:
Rights at issue are located in Greene County, Pennsylvania.
14. Page 15, line 14 stating:
context of an unrecorded mortgage).
Be corrected to:
context of an unrecorded or defective mortgage).
15. Page 18, 2nd paragraph, line 1 stating:
The argument of the Defendant not entirely clear in this regard. But, a fair
Be corrected to:
The argument of the Defendant is not entirely clear in this regard. But, a fair
16. Page 19, footnote 9, line 2 stating:
judgment for equitable distribution of the Mineral Rights. Some courts hold that the failure of
Be corrected to:
judgment for equitable distribution of the Mineral Rights. Some courts have held that the failure of
17. Page 19, footnote 9, lines 4-5 stating:
claim as being a purely unsecured claim against the bankruptcy estate. See Polliard v. Polliard (In re Polliard), 152 B.R. 51 (Bankr. W.D. Pa. 1992) (Bentz, J.). Other courts have reached the
Be corrected to:
claim as being purely an unsecured claim against the bankruptcy estate. See Polliard v. Polliard (In re Polliard), 152 B.R. 51 (Bankr. W.D. Pa. 1993) (Bentz, J.). Other courts have reached the
18. Page 20, footnote 10, line 3 stating:
Howard. Had Ms. Howard desired to retain whatever she interest she had in the Mineral Rights
Be corrected to:
Howard. Had Ms. Howard desired to retain whatever interest she had in the Mineral Rights
19. Page 25, 3rd full paragraph, line 6 stating:
the Mineral Rights proceeds); nor is the record adequately developed at this time
Be corrected to:
the Mineral Rights' proceeds); nor is the record adequately developed at this time
20. Page 26, line 3 stating:
V.
Be corrected to:
IV.